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HEIM v. UNITED STATES

No. 81-2378.

680 F.2d 564 (1982)

Tony C. HEIM, Appellant, v. UNITED STATES of America, acting by and through the Department of Agriculture, and John Block, Secretary of the Department of Agriculture, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 22, 1982.

Attorney(s) appearing for the Case

Theodore M. Grossman, Dept. of Justice Civil Division, Washington, D. C., for United States.

Richard H. Wendt, Asst. Atty. Gen., Pierre, S. D., for State of S. D.

James M. Cremer, Aberdeen, S. D., for appellant.

Before ARNOLD, Circuit Judge, MILLER, Associate Judge, and COLLINSON, Senior District Judge.

ARNOLD, Circuit Judge.

Tony C. Heim owns 40 elk located on a ranch in Faulk County, South Dakota. Twenty of Heim's elk have reacted positively to tests for bovine tuberculosis. The South Dakota Department of Health has brought suit in a state court seeking the destruction of the elk and relying on a declaration by its Secretary that the herd is an immediate health hazard. Heim called upon the Secretary of Agriculture of the United States to exercise his authority...

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